Assertion of State Secrets Privilege in Civil Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “unless the video contains conduct that ‘is intended [by the actor] as an assertion,’ the contents of the video simply are not hearsay” (alteration in original
• finding that a video admitted into evidence as a silent witness does not constitute hearsay unless it contains conduct that “is intended [by the actor] as an assertion” (quoting Va. R. Evid. 2:801(a))
• “[U]nless the video contains conduct that ‘is intended [by the actor] as an assertion,’ the contents of the video simply are not hearsay.”
• “[U]nless the video contains conduct that ‘is intended [by the actor] as an assertion,’ the contents of the video simply are not hearsay.” (second alteration in original)

Source: CourtListener parenthetical corpus (CC0).